Abstract
What happens when the institutions responsible for doing justice fail the victims of mass atrocities? While global justice is now a popular demand, it remains a fledgling venture, at the margins of power realities. It is especially challenged in situations where the politically neglected and weak International Criminal Court (ICC) does not have jurisdiction to intervene. In contexts of impunity, the proponents of justice are forced either to abandon hope or to explore creative, informal alternatives that are not dependent on the narrow political whims and fortunes of decision-makers. A notable instance of such accountability entrepreneurship is the grassroots initiative that became known as the Iran People’s Tribunal (Iran Tribunal). The tribunal was a grassroots initiative inspired by the demands for justice by the ‘Mothers of Khavaran’, an organisation formed by women who had lost their children in the mass executions following the first decade of the 1979 ‘Islamic’ revolution in Iran. This chapter, written by the prosecutor of the tribunal, explores this unprecedented victim-driven initiative and its implications for global accountability, conceptions of power and the discourse of healing and reconciliation in the wake of mass atrocities.
A longer version of this chapter is published in Payam Akhavan, ‘Is Grassroots Justice a Viable Alternative to Impunity? The Case of the Iran People’s Tribunal’, Human Rights Quarterly 39, no. 1 (2017): 73–103.
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Notes
- 1.
Bernard Lewis, Islam in History: Ideas, People, and Events in the Middle East, 2nd ed. (Peru: Open Court, 1993), 394.
- 2.
Ibid.
- 3.
See Iran Human Rights Documentation Centre, Deadly Fatwa: Iran’s 1988 Prison Massacre (New Haven: Iran Human Rights Documentation Centre, 2009). http://www.iranhrdc.org/english/publications/reports/3158-deadly-fatwa-iran-s-1988-prison-massacre.html#2; Kaveh Shahrooz, ‘With Revolutionary Rage and Rancor: A Preliminary Report on the 1988 Massacre of Iran’s Political Prisoners’, Harvard Human Rights Journal 20 (2007): 227; Geoffrey Robinson, The Massacre of Political Prisoners in Iran, 1988: Report of an Inquiry Conducted by Geoffrey Robertson QC (Abdorrahman Boroumand Foundation, 2011). http://www.iranrights.org/attachments/library/doc_118.pdf.
- 4.
Iran Human Rights Documentation Centre, Deadly Fatwa, 8.
- 5.
‘About Iran Tribunal’, Iran Tribunal, 2015,
http://www.irantribunal.com/index.php/en/about-us/373-how-tribunal-was-formed.
- 6.
Ibid.
- 7.
‘Message of a Group of Mothers of the Khavaran to the Tribunal’, Iran Tribunal, 2015, http://www.irantribunal.com/index.php/en/home/90-sessions/truth-commission/302-message-mothers-khavaran.
- 8.
Iran Tribunal, Report on the Findings of the Truth Commission of the Iran Tribunal. On the Abuse and Mass Killings of Political Prisoners in Iran, 1981–1988, 30 July 2012, 48, sec. 6.6.3. http://irantribunal.com/images/PDF/Commission%20Report-Website.pdf.
- 9.
Ibid., sec. 6.6.4.
- 10.
Ibid., 31, sec. 2.3.1.2; also see 214.
- 11.
Ibid., 31, sec. 2.3.1.4.
- 12.
Ibid., 214–15.
- 13.
Iran Tribunal, Report on the Findings of the Truth Commission of the Iran Tribunal.
- 14.
Iran Tribunal, Prosecutor v Islamic Republic of Iran, 5 February 2013, 7, sec. 18. http://www.irantribunal.com/images/PDF/Iran%20Tribunal%20Judgment.pdf.
- 15.
Ibid., 33, sec. 113.
- 16.
Ibid., 14, sec. 45.
- 17.
A copy of the original article in Persian is on file with the author. All translations into English are those of the author.
- 18.
Iran Tribunal, Prosecutor v Islamic Republic of Iran, 5 February 2013, 3, sec. 4.
- 19.
A copy of the original article in Persian is on file with the author. All translations into English are those of the author.
- 20.
Ibid.
- 21.
‘Iran’s Intelligence Ministry Tries to Hide Evidence of Massacre of Thousands of Political Prisoners in 1988’, Centre for Human Rights in Iran, 12 August 2016, https://www.iranhumanrights.org/2016/08/ahmad-montazeri/.
- 22.
Saeed Kamali Dehghan, ‘Audio File Revives Calls for Inquiry into Massacre of Iran Political Prisoners’, Guardian, 11 August 2016, https://www.theguardian.com/world/iran-blog/2016/aug/11/hossein-ali-montazeri-audio-file-calls-for-inquiry-1988-massacre-iran-political-prisoners.
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Akhavan, P. (2018). Is Grassroots Justice a Viable Alternative to Impunity? The Case of the Iran People’s Tribunal. In: Barlow, R., Akbarzadeh, S. (eds) Human Rights and Agents of Change in Iran. Studies in Iranian Politics. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-10-8824-7_5
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